Introduction

The Indian Constitution, adopted on 26th November 1949, is the supreme law of India. It lays down the framework that defines the political principles, establishes the structure, procedures, powers, and duties of the government institutions, and sets out the fundamental rights, directive principles, and responsibilities of citizens. One of the most significant provisions of the Indian Constitution is Article 17, which addresses the abolition of untouchability.

Understanding Untouchability

Untouchability is a social practice that has plagued Indian society for centuries. It is a deeply rooted form of discrimination based on caste, where certain groups of people are considered "untouchable" and are subjected to social, economic, and political exclusion. The practice of untouchability denies these individuals their basic human rights and perpetuates a system of inequality and oppression.

The Historical Context

India's caste system, which divides society into hierarchical groups, has been a long-standing social structure. The practice of untouchability is closely associated with the caste system, as those considered "untouchable" are placed at the lowest rung of the social ladder. They are often subjected to various forms of discrimination, such as being denied access to public spaces, educational institutions, and even basic amenities like water sources.

During the Indian independence movement, leaders like Mahatma Gandhi and Dr. B.R. Ambedkar recognized the urgency of addressing untouchability and worked towards its eradication. Their efforts laid the foundation for the inclusion of Article 17 in the Indian Constitution.

Article 17: The Abolition of Untouchability

Article 17 of the Indian Constitution states:

"Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law."

This article unequivocally declares the abolition of untouchability and prohibits any form of its practice. It recognizes untouchability as a social evil that needs to be eradicated and provides a legal framework to combat this discriminatory practice.

Legal Measures

Article 17 not only abolishes untouchability but also provides for legal measures to address any violations. The Indian government has enacted several laws to enforce the provisions of Article 17 and protect the rights of those who have been subjected to untouchability.

The Protection of Civil Rights Act, 1955, is one such legislation that was enacted to safeguard the rights of individuals from the untouchable castes. It criminalizes practices such as the prevention of access to public places, social boycotts, and the enforcement of untouchability-based disabilities.

Additionally, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, provides further protection to individuals belonging to the Scheduled Castes and Scheduled Tribes. It aims to prevent atrocities against these marginalized communities and ensure their social, economic, and political empowerment.

Challenges and Progress

While Article 17 and the associated legislation have made significant strides in addressing untouchability, challenges persist in its complete eradication. Deep-rooted social prejudices and practices continue to hinder the progress towards a casteless society.

Efforts have been made by the government, civil society organizations, and individuals to raise awareness, promote inter-caste marriages, and provide educational opportunities to marginalized communities. However, more needs to be done to eliminate untouchability from the grassroots level.

Conclusion

Article 17 of the Indian Constitution stands as a powerful testament to the commitment of the Indian state towards eradicating untouchability and ensuring equality for all citizens. It provides a legal framework to combat discrimination and protect the rights of those who have been historically marginalized.

While progress has been made, it is crucial to continue the fight against untouchability through education, awareness, and the enforcement of laws. Only by challenging deep-rooted prejudices and promoting inclusivity can India truly move towards a society free from the shackles of untouchability.